File: JLCM (pdf)
Adopted: June 13, 2023
ACCESS TO MEDICALLY NECESSARY TREATMENT AT SCHOOL
The Board is committed to honoring families’ private medical decisions while providing a learning environment free of disruption.
Rights to Access
Colorado law provides specific rights for students and families to:
- Access medically necessary treatment in the school setting. A parent/guardian may authorize access by a private health care specialist to school or district property to provide medically necessary treatment in accordance with the Board's policy and/or procedures on access, visitors to schools, and all other applicable law and policy.
- Access the school setting to observe student or collaborate with school personnel. A parent/guardian may authorize access by a private health care specialist to school or district property to observe the student in the school setting and/or collaborate with school personnel regarding the student, without providing direct treatment, in accordance with the Board's policy and/or procedures on access, visitors to schools, and all other applicable law and policy
As specified by the Colorado Legislature, these rights are intended to place no greater financial burden on the state’s public schools, so the school district is not responsible for payment for, or the supervision or provision of these private services. This policy does not create a right for any student, their parent/guardian, or their private health care specialist to demand access to any general or particular school district location or to demand collaboration with school district personnel outside of IDEA or Section 504 processes. Nothing in this policy will be construed to require the school district to permit a third party to determine or provide special education or related services in the school setting in a way that interferes with the school districts' obligations and/or authority under state or federal law.
Such rights may be limited or revoked as to specific individuals who violate the school district’s requirements or otherwise disrupt the learning environment.
For purposes of this policy, the following definitions shall apply:
- "Medically necessary treatment" means treatment recommended or ordered by a Colorado licensed health care provider acting within the scope of the health care provider's license.
- “Private health care specialist” means a health care provider not employed by the school district who is licensed, certified, or otherwise authorized to provide health care services in Colorado, including, but not limited to pediatric behavioral health treatment providers pursuant to the State Medical Assistance Program, autism service providers who provide treatment pursuant to C.R.S. § 10-16-104(1.4), and private duty nurse providers.
- “Qualified health care provider” means a Colorado licensed health care provider acting within the scope of the health care provider’s license.
Process For Medically Necessary Treatment In The School Setting
Medically necessary treatment may take place on school district property only after all of the following steps have been completed:
- Student’s parent/guardian provides to the school principal:
- a request and consent for the medical treatment to be provided, with the name of the private health care specialist who will be providing the medically necessary treatment, describing the proposed treatment plan to take place in the school setting, and other pertinent information (see JLCM-E-1);
- an acknowledgment of the parent/guardians’ sole financial responsibility for the services and waiver of liability of the school district for any supervision of and misconduct by the private health care specialist (see JLCM-E-1);
- a copy of the student’s prescription, recommendation or order from a qualified health care provider; and,
- a medical release authorizing the school district to confer with the qualified health care provider to obtain follow-up information about the student’s medical needs and the medically necessary treatment.
- If either the parent or school district believe that the services could or should be provided by the school district through an IEP or Section 504 plan, then the school district will convene the appropriate team to consider the request. For private medically necessary treatment to be delivered at school under this policy, the school district will prepare, with the input of the parent(s)/guardian(s) and the private health care specialist, a written plan that identifies the form of treatment, designated location(s), schedule, treatment plan, and any additional protocol regarding administration of medically necessary treatment to the student (see JLCM-E-2). The written plan must be signed by a school administrator or health care provider, the private health care specialist, and the student's parent/guardian.
- Any plan developed will be prepared with consideration for the student’s access to general and special education. The rights to access shall not be interpreted to require changes to the school or school providers’ master schedule, or to interfere with educational operations or school district providers’ ability to complete their job duties and responsibilities. By accessing these services, the parent(s)/guardian(s) acknowledge and agree that the student may miss classroom instruction, special education and related services, and/or school activities while receiving medically necessary treatment.
- Private health care specialist must:
- provide proof of licensure, certification or authorization to provide services;
- provide a certificate(s) of liability and insurance coverage, including sexual misconduct, malpractice, and workers’ compensation coverage that meets the limits applicable to other agencies and individuals who provide services in the school district;
- submit to a background check that corresponds to the expected presence in the school, including a fingerprinted background check. The individual may be disqualified from providing services on school district property if the background check does not meet school district standards for employment in the sole discretion of the District’s Human Resources Office.;
- sign a Confidentiality Affidavit certifying compliance with the Family Educational Rights and Privacy Act (FERPA) and agreement not to intentionally acquire or share information pertaining to any student other than the qualifying student; and
- sign an Assumption of Risk form waiving any and all claims against the school district and its employees for any injury sustained in delivering private medically necessary treatment to student.
Notice and Appeal
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 and Title II of the Americans with Disabilities Act provide rights and protections to students to access medically necessary treatment required by the student to have meaningful access to the benefits of a public education, or to attend school without risks to students’ health or safety due to the student’s disabling medical condition.
Students have a right to appeal the decision of a District school concerning access to medically necessary treatment in the school setting to the Superintendent or designee. An appeal shall be submitted in writing within ten (10) school days of a decision by a District school. The decision of the Superintendent or designee will be final.
20 U.S.C. §§ 1401-1415 (Individuals with Disabilities Education Act)
29 U.S.C. § 794 (Rehabilitation Act of 1973)
42 U.S.C. §1396 (requiring Colorado's Medicaid program to cover medically necessary treatment)
42 U.S.C. § 12101 (Americans with Disabilities Act)
C.R.S. § 22-20-121 (medically necessary treatment in school)
C.R.S. § 24-10-106.3 (Claire Davis School Safety Act)
JLCD, Administering Medications to Students
JLCDB, Administration of Medical Marijuana to Qualified Students
JLCE, First Aid and Emergency Medical Care
KI, Visitors to Schools
KI-R, Visitors to Schools
End of File: JLC